RSS worker Rudresh murder: Why HC struck down the NIA probe

"The Centre has not applied its mind to the facts of the case," the court observed.

The Karnataka high court on Monday set aside a decision to hand over the probe into Rashtriya swayamsevak Sangh worker Rudresh's death to the National Investigation Agency. In a 55-page order, Justice Micheal D' Cunnha observed that handing over the probe to the NIA by the Centre is not an unbridled power conferred on the Central government.

The order came after the accused in the case, a Popular Front of India leader, Asif Sharrif had alleged that the NIA probe was ordered without following the procedure due to political pressure.

The NIA argued that the case was taken over after the Bengaluru police commissioner had written a letter stating that the murder was a scheduled offence. The court, however, said that the Centre can exercise its Suo Motu power only when it is of the opinion that a scheduled offence has been committed.

The order asking the NIA to take smacks of arbitrariness and is issued in utter disregard of the requirements of law. "The Centre has not applied its mind to the facts of the case," the court observed.

Rudresh, an RSS worker, was murdered last year in Bengaluru in broad daylight. It was found that the motive was political. The investigators had submitted that the accused persons had links with the Indian Mujahideen.

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